Legal Opinion

Dodd v. Averill

New York Court of Common Pleas

Decided December 2, 1895Published

Appeal from city court, general term. Action by Frank N. Dodd against Permelia M. D. Averill. From an order of the city court affirming an order vacating an attachment issued on the ground of the nonresidence of defendant, plain tiff appeals. Dismissed.

1Opinion of the CourtPryor, J.

WTiile the evidence as to the nonresidence of the defendant is quite impressive, it cannot be denied that there is proof to the contrary sufficient to support the order vacating the attachment. Such being the case, whether the attachment should stand rested in the discretion of the court below, and its action in vacating it is not reviewable by an appellate tribunal. Sartwell v. Field, 68 N. Y. 341; Allen v. Meyer, 73 N. Y. 1; Glenney v. Stedwell, 64 N. Y. 120, 128; Jenkins v. Putnam, 106 N. Y. 272, 276, 12 N. E. 613; Claflin v. Baere (Ct. App.) 59 How. Prac. 20. We have uniformly held that…

2Cases cited10 opinions

  1. Jenkins v. . PutnamNew York Court of Appeals · 1887
  2. Glenney v. . StedwellNew York Court of Appeals · 1876
  3. Allen v. . MeyerNew York Court of Appeals · 1878
  4. Keller v. FeldmannNew York Court of Common Pleas · 1893
  5. Sartwell v. . FieldNew York Court of Appeals · 1877

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